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The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising, Casey Rockwell, Madeline Burke 2019 University of Arkansas at Little Rock

The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising, Casey Rockwell, Madeline Burke

Atlantic Marketing Association Proceedings

No abstract provided.


Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon 2019 University of Arkansas, Fayetteville

Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon

Arkansas Law Review

Imagine that you practice as an attorney in the State of Arkansas. A client solicits your advice about opening a marijuana dispensary or cultivation center. The client might want you to assist him in filing a dispensary application with the State. On the other hand, she might want you to negotiate a commercial lease or to provide services to ensure compliance with municipal zoning laws. Although Arkansas voters approved a constitutional amendment permitting medical marijuana sales, you provide a clear warning to your client: possessing, manufacturing, selling, and distributing marijuana remains a federal crime. After these precautions, however, you proceed ...


Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil 2019 Boston College Law School

Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil

Boston College Law Review

On May 23, 2018, in Knight First Amendment Institute at Columbia University v. Trump, the United States District Court for the Southern District of New York considered whether the President of the United States violated the First Amendment rights of individuals by blocking them on Twitter. In doing so, the district court agreed with the plaintiffs’ allegations that blocking constituted impermissible viewpoint discrimination in the context of a public forum. Despite the long history of the public forum doctrine, the information age has presented new questions regarding the doctrine, and Knight First Amendment Institute marks the first instance in which ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels, Michael Molstad 2019 Boston College Law School

Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels, Michael Molstad

Boston College Law Review

On February 9, 2018, the United States Court of Appeals for the Second Circuit held, in Halleck v. Manhattan Community Access Corp., that a public access channel administered by the Manhattan Community Access Corporation and three of its employees was a public forum. In doing so, the court determined that a complaint against Manhattan Community Access Corporation and those three employees sufficiently alleged state action. The legal status of public access channels has been unsettled since 1996, when the Supreme Court explicitly chose not to decide whether public access channels were public forums in Denver Area Educational Telecommunications Consortium v ...


Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. McNeal 2019 University of Louisville, Louis D. Brandeis School of Law

Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal

Georgia State University Law Review

The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s ...


No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard 2019 Georgia State University College of Law

No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard

Georgia State University Law Review

This note takes a critical look at the shortcomings of the current tests applied to speech zone litigation as well as the constitutional violations that occur when public schools carve out speech areas. Part I examines the evolution of First Amendment law in education, with a focus on university free speech zones. Part II analyzes the convoluted First Amendment jurisprudence, suggesting that the time, place, and manner test, typically used in conjunction with a forum analysis when examining the constitutionality of speech zones, allows universities to practice what is known as “expressive gerrymandering.” Finally, Part III proposes that courts eliminate ...


Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media, Frank E. Langan 2019 University of St. Thomas, Minnesota

Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media, Frank E. Langan

University of St. Thomas Law Journal

No abstract provided.


Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?, Christopher J. Roederer 2019 University of St. Thomas, Minnesota

Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?, Christopher J. Roederer

University of St. Thomas Law Journal

No abstract provided.


The Anti-Coddling Narrative And Campus Speech, Rob Kahn 2019 University of St. Thomas School of Law

The Anti-Coddling Narrative And Campus Speech, Rob Kahn

University of St. Thomas Law Journal

No abstract provided.


When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman 2019 J.D. Candidate, Pepperdine University School of Law

When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman

Pepperdine Law Review

In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in ...


Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith 2019 J.D. Candidate, Pepperdine University School of Law

Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith

Pepperdine Law Review

The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.


Paying The Piper But Not Calling The Tune: Litigation Financing And Professional Independence, W. Bradley Wendel 2019 Cornell Law School

Paying The Piper But Not Calling The Tune: Litigation Financing And Professional Independence, W. Bradley Wendel

Akron Law Review

Most commercial litigation financing agreements are designed to create distance between the funders of the litigation and legal counsel. Our legal system demands that third party litigation financiers refrain from interfering with a client’s decisions in their matter, and traditional third-party litigation financing is merely a passive profit-making opportunity. There are cases, however, where the litigation financier is not interested in making a profit, but instead wishes to participate in the litigation for political, ideological, or personal reasons. In this article, I will explore whether what I call “interested litigation financing” is an exercise of First Amendment rights or ...


Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein 2019 Roger Williams University School of Law

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.


A Piece Of Cake Or Religious Expression: Masterpiece Cakeshop And The First Amendment, Richard F. Duncan 2019 University of Nebraska College of Law

A Piece Of Cake Or Religious Expression: Masterpiece Cakeshop And The First Amendment, Richard F. Duncan

College of Law, Faculty Publications

Sadly, religious liberty has become a matter of great controversy and division in our society. Although not so many years ago there was a nearly unanimous, bi-partisan consensus supporting the legal protection of religious liberty from laws substantially burdening the free exercise of religion, irreconcilable differences among us over contraception, abortion, sexuality, and the nature of marriage have made religious liberty a divisive partisan issue. Although most religious liberty cases concern religious minorities whose religiously-motivated conduct has been disregarded “by an insensitive majority,” a handful of cases involving Christian-owned businesses and ministries claiming a religious liberty right to refuse to ...


Political Speech In The Armed Forces: Shouting Fire In A Crowded Cyberspace, Elliott Hughes 2019 Washington University in St. Louis

Political Speech In The Armed Forces: Shouting Fire In A Crowded Cyberspace, Elliott Hughes

Washington University Jurisprudence Review

A staple of the American version of democracy is civilian control of the military: we are uncomfortable with politicization of the Armed Forces, and military and other federal laws restrict the political expression of servicemembers (“SMs”) in the Armed Forces, whether they are active- duty members or National Guard or Reserves serving on active duty. These restrictions, while well-intentioned to prevent actual or apparent political partisanship or bias within the military, have the undesired effect of deterring SMs from otherwise healthy political expression. With the advent of the internet and proliferation of social media use, questions regarding SM status and ...


Redefining Workplace Speech After Janus, Theo A. Lesczynski 2019 Northwestern Pritzker School of Law

Redefining Workplace Speech After Janus, Theo A. Lesczynski

Northwestern University Law Review

We have a First Amendment right to criticize the government. But this freedom does not translate into a right to criticize one’s boss even if, as for millions of Americans, one’s boss happens to be a government employer. Public employee speech doctrine has long established wide latitude for public employers to supervise their workers. Employees must show at the threshold that their speech was on a matter of public concern and not an internal workplace matter. The Supreme Court’s pronouncements over the last decade in a related doctrinal area, however, have unsettled the line demarcating workplace speech ...


Transborder Speech, Ronald J. Krotoszynski Jr. 2019 University of Alabama Hugh F. Culverhouse, Jr. School of Law

Transborder Speech, Ronald J. Krotoszynski Jr.

Notre Dame Law Review

In an increasingly globalized marketplace of ideas, First Amendment law and theory must recognize that the freedom of speech does not end at the water’s edge. Simply put, the locus of expressive activity should not prefigure the government’s ability to engage in censorship. Nevertheless, under current First Amendment law and practice, the accident of geography may serve as a constitutionally acceptable basis for content-based censorship of speech. If, as the Supreme Court argued with such ferocity in Citizens United, the value of speech to an audience does not depend on the speaker’s identity or motive for speaking ...


"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler 2019 Claremont Colleges

"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler

Scripps Senior Theses

In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy ...


Legislator-Led Prayer: A Harmless Historical Tradition Or An Unconstitutional Establishment Of Religion?, Krista Ellis 2019 American University Washington College of Law

Legislator-Led Prayer: A Harmless Historical Tradition Or An Unconstitutional Establishment Of Religion?, Krista Ellis

American University Journal of Gender, Social Policy & the Law

No abstract provided.


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